ARTICLE
16 January 2025

Re: Gaza | Advocate General Recommends The Dutch Supreme Court To Uphold The Prohibition Of F-35-export To Israel From The Netherlands

Pd
Prakken d'Oliveira Human Rights Lawyers

Contributor

On January 1st 2014, the law firm Böhler changed its name to Prakken d'Oliveira. The change represents growth that we've experienced and would like to continue. Ties Prakken and Ulli Jessurun d'Oliveira are the memory and the conscience of our firm.

Although it's difficult to pinpoint an exact date, Prakken d'Oliveira has its origins in the late eighties, when part of an Amsterdam legal collective merged with lawyers from various universities, including Ties Prakken (criminal law and human rights) and Ulli Jessurun d'Oliveira (international law and immigration law). Our firm's academic ties have only strengthened since then. Many of the lawyers at Prakken d'Oliveira have their roots in top universities.

Our link with the academic world hasn't led to an overly theoretical approach; on the contrary, it's helped us define the field of law based on real-world experience. Particularly in the area of human rights, we've conducted groundbreaking procedures.

On Friday 29 November 2024, the Advocate General advised the Dutch Supreme Court to reject the State's cassation apeal against the judgment of the Appeals Court of The Hague, and thus to uphold the order to cease the export of F-35 components to Israel.
Netherlands Litigation, Mediation & Arbitration

On Friday 29 November 2024, the Advocate General advised the Dutch Supreme Court to reject the State's cassation apeal against the judgment of the Appeals Court of The Hague, and thus to uphold the order to cease the export of F-35 components to Israel.

The Court of Appeal in The Hague ordered the State on 12 February 2024 to cease all (factual) export or transit (re-export) of F-35 fighter jet parts to Israel as final destination. The Court of Appeal ruled that there is a clear risk that Israel will commit serious violations of the international humanitarian law in the Gaza Strip with the F-35 fighter jets. The State filed a cassation appeal against this judgment and on 6 September the Supreme Court heard the parties.

The Advocate General's conclusion is an authoritative advice to the Supreme Court. The Advocate General agreed with the organisations Oxfam Novib, PAX and The Rights Forum on all points, and rejected all of the State's arguments in cassation. According to the Advocate General, the Court of Appeal was able to hold that there is a clear risk that serious violations of international humanitarian law will be committed on the Gaza Strip with Israeli F-35 fighter jets and that pursuant to various international regulations to which the Netherlands is a party, the export of military goods must be prohibited if such a clear risk exists.

It is now up to the Supreme Court to give a final ruling in cassation. The ruling is expected in February 2025.

The organizations are represented by lawyers Liesbeth Zegveld and Thomas van der Sommen from Prakken d'Oliveira Human Rights Lawyers, and in cassation by lawyers Philip Fruytier and Hugo Boom from law firm BarentsKrans.

Parralel to the cassation proceedings, separate summary proceedings are ongoing because Oxfam Novib et al. have noted that the State of the Netherlands is not properly complying with the Appeals Court's judgment of 12 February 2024. F-35 parts supplied from the Netherlands can still end up in Israel (through the United States) (see here for more information). In these second summary proceedings, the District Court of The Hague had rejected the request to impose a penalty payment on the State to ensure compliance with the judgment. Oxfam Novib et al. have appealed this decision.

Annexes

Originally published 06 December 2024.

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